Fabolous Lands Legal Victory after a judge dismissed a copyright infringement case against him for Fabolous 2003 song “Into You” featuring Tamia.
CelebNMusic247.com has this report:
Herman Kelley claimed the Into You star illegally sampled his 1974 song Try To Leave Me If You Can for his 2012 track For The Love. Kelley also alleged the rapper and bosses at his label Def Jam did not attempt to get a license to use his music.
In his legal papers, Kelley claimed his lawyer sent a letter to Fabolous and executives at the label, but they never responded and he launched the lawsuit for loss of profits and mental anguish. He also requested an injunction to halt sales of the song.
Fabolous asked the judge overseeing the case to dismiss the lawsuit and last week, the lawmaker ruled in his favor, stating Kelley had not proved he actually owned the song and suffered mental anguish due to the alleged copyright infringement, according to TheJasmineBrand.com.